The FCC reasonably looked at precedent when it decided Dish Network held "a disqualifying degree of de facto control" over designated entities SNR and Northstar in the AWS-3 auction, but it didn't give those DEs enough notice that if their Dish relationships cost them their auction bidding credits they would also be denied an opportunity to cure, the U.S. Court of Appeals for the D.C. Circuit ruled Tuesday. Judges Janice Brown, Cornelia Pillard and Stephen Williams, in a docket 15-1330 decision (in Pacer) inked by Pillard, remanded the SNR appeal to the FCC, giving the DEs a chance to negotiate a solution for that de facto control.

No law stops Louisville from requiring one-touch, make-ready on utility poles, a district court ruled in a first-of-its class opinion. A Wednesday opinion (in Pacer) rejected an AT&T lawsuit against the city over a policy to make room for new internet infrastructure on utility poles.

A federal appeals court affirmed a 2015 FCC order aimed at equalizing telco and cable pole-attachment rates to spur broadband. In a Monday decision, the 8th U.S. Circuit Court of Appeals denied a petition for review of the FCC order by power companies that own poles.

The Senate Commerce Committee tentatively plans an Aug. 2 markup on nominations of FCC Chairman Ajit Pai, commissioner nominees Brendan Carr and Jessica Rosenworcel and other nominees, committee Chairman John Thune, R-S.D., told us Wednesday. Meanwhile, Committee Democrats seek some deal on the FCC nominees that would assuage their concerns about how Senate Commerce would handle a possible Democratic nominee to replace current Commissioner Mignon Clyburn.

Initial demand for the $1.75 billion incentive auction spectrum relocation fund is less than some broadcasters feared yet more than the available money. The FCC said stations and pay-TV providers eligible for reimbursements associated with moving broadcasters' channels have sought a total of $2.12 billion so far, and "we expect to receive additional estimates from MVPDs and a small number of stations."

The FCC offers no valid reason for its application of the mixed-use rule to stop local franchising authorities regulating the provision of non-telco services by incumbent cable TV operators, the 6th U.S. Circuit Court of Appeals ruled (in Pacer) Wednesday. Montgomery and Anne Arundel counties, Maryland, and Dubuque, Iowa, challenged 2007 and 2015 agency orders on video franchising rules on several bases. The three-judge panel -- David McKeague, Richard Griffin and Raymond Kethledge, with the decision penned by Kethledge -- granted in part the appeal and denied it in other areas, such as by finding the agency didn't create a regulatory gap and didn't unduly burden small entities.

The U.S. Court of Appeals for the D.C. Circuit has shot down a petition by NAB, NATOA and the Northern Dakota County Cable Communications Commission seeking a review of the FCC's 2015 order finding the cable industry is effectively competitive. Judges Karen Henderson, Cornelia Pillard and Douglas Ginsburg agreed on the opinion (in Pacer) issued Friday and written by Ginsburg. The court supported the FCC contention that its effective competition finding doesn't rely just on nationwide data since it gave each franchising authority the opportunity to rebut the effective competition presumption -- a procedure that meets the requirement that the agency make the determination of effective competition on the basis of franchise area.

The Senate Commerce Committee is delaying a vote on NTIA administrator nominee David Redl at a senator's request, aiming to place it on the docket at the committee's next scheduled markup session after its planned Thursday meeting, a committee spokesman said. He said the senator didn't place a full-blown hold on Redl's nomination, instead seeking “additional time to review information.” Informed sources said Sen. Ted Cruz, R-Texas, sought the delay over his ongoing concerns about implications of the now-completed Internet Assigned Numbers Authority oversight transition.

FCC General Counsel Brendan Carr got the long-awaited nod to be the third GOP member of the commission, if the Senate confirms him. The White House said tonight that President Donald Trump intends to nominate Carr to the vacant GOP commissioner seat, as expected (see our May 26 report).

The U.S. Court of Appeals for the D.C. Circuit has rejected public interest groups’ request for an emergency stay of the FCC’s restoration of the UHF discount, and ended the administrative stay of the rule. “Petitioners have not satisfied the stringent requirements for a stay pending review,” said the order, issued Thursday. “This is not very surprising, since stays are rarely granted. However, it is extremely disappointing,” said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represented Free Press, Prometheus Radio Project, the National Hispanic Media Coalition, Prometheus Radio Project and the other groups in the case. Since the restored discount’s effective date of June 5 passed during the administrative stay, the rule is effective immediately, an FCC spokesman told us. “We are pleased by the court's decision,” the spokesman said. The case will continue on the merits, attorneys told us.